Tijdschrift voor Rechtsgeschiedenis vol:79 issue:2 pages:253-296
The heresy of the first titles of Justinian's Code: an hypothesis of the late wording of C. 1,1-13. - In the sixth century, in some manuscripts of the Justinian Code, a number of titles of "nomocanons" dealing with the legal status of bishops and their courts are added to the text. This titles were placed ahead of the actual C. 1,14. In the early Middle Ages they got lost. In some twelfth-century manuscripts, the legists tried to reconstruct them. The first part of the Greek Collectio Tripartita, an ancient monograph on the legal status of bishops in Justinian law, was considered to be the index of the lost fragments of the Code. The first part of Tripartita was dived in thirteen titles, each of them subdivided in chapters. For each chapter the twelfth-century editors searched a matching constitution in the collections of imperial decisions at their disposal. The result was the Latin part of C. 1,1-13. The sixteenth-century humanist editors of the Code continued the research. It was further based on the Tripartitia. They filled the gaps with Greek constitutions found in newly arrives manuscripts from Constantinople. As a result they added the Greek texts to C. 1,1-13. Thus the tilters C. 1,1-13 cannot be properly understood without considering their edition. In the present article an inventory is made, with a special analysis of the Edict of Saloniki (C. 1,1,1).